UNITED STATES of America, Plaintiff-Appellant (10-6136), Plaintiff-Appellee (11-5828, 11-5852, 12-5695 & 13-5440),
v.
Christopher Cello SMITH, Defendant-Appellee (10-6136), Defendant-Appellant (11-5828, 12-5695 & 13-5440),
Michael D. Smith, Defendant-Appellee (10-6136), Defendant-Appellant (11-5852, 12-5695 & 13-5440).
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: October 8, 2013.
Decided and Filed: April 15, 2014.
Rehearing En Banc Denied May 20, 2014.
Attorney(s) appearing for the Case
ARGUED: Paul McCaffrey , United States Attorney's Office, Lexington, Kentucky, for Appellant United States in 10-6136 and Appellee United States in 11-5828, 11-5852, and 12-5695. Jeffrey M. Blum , Louisville, Kentucky for Appellee C. Smith in 10-6136 and Appellant C. Smith in 11-5828. Timothy J. McKenna , Timothy J. McKenna, LLC, Cincinnati, Ohio, for Appellant M. Smith in 11-5852 and 12-5695. ON BRIEF: Charles P. Wisdom, Jr. , Andrew Sparks , United States Attorney's Office, Lexington, Kentucky, for Appellant United States in 10-6136 and Appellee United States in 11-5828, 11-5852, and 12-5695. Jeffrey M. Blum , Louisville, Kentucky for Appellee C. Smith in 10-6136 and Appellant C. Smith in 11-5828. Timothy J. McKenna , Timothy J. McKenna, LLC, Cincinnati, Ohio, for Appellant M. Smith in 11-5852 and 12-5695. Jeffrey M. Blum , Louisville, Kentucky, for Appellants C. Smith and M. Smith in 13-5440. Charles P. Wisdom, Jr. , United States Attorney's Office, Lexington Kentucky, for Appellee United States in 13-5440.
Before: BOGGS, CLAY, and GILMAN, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
OPINION
RONALD LEE GILMAN, Circuit Judge.
Michael D. Smith and Christopher Cello Smith are brothers who operated Target Oil and Gas Corporation (Target Oil), a company that engaged in speculative resource drilling in Kentucky, Tennessee, Texas, and West Virginia. While serving as President of Target Oil and a related company named Kentucky-Indiana Oil and Gas Corporation (Kentucky-Indiana), Michael Smith ran Target...
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